The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-19

competitors have left the field, IL coolly comes
forward and says I'VE want an increase OF 80
per cent. over the prices fixed in the present
ordinance and we want the license fee on mains
and pipes to be entirely removed
As to part of the demand. that relating to
prices to be charged and the doing away with
meters, it may be perfectly harmless to amend
the ordinance in that respect. But as to that
part of the ordinance relating to charges for lay
ing mains and pipes through the streets Of the
city. it seems to me the Council should firmly
rely upon the stand taken, rs 1t may be the only
method the city has of deriving any benefit from
the Introduction OF natural gas.
Notwithstanding all that has been said on tbs
SUBJECT OF regulating the prices TO be charged
Tor natural gas. it may be that the city has moi
been CIV en- any such power It may be that the
only thin the city can do is to charge reason.
able license fee for allowing the pipes TO he laid
through the city city council can not enact
laws unless specially authorized TO do so. un,
less the legislation comes fairly within the pow.
ere gran ted So. also. il the Legislature author.
ICES city council to do thing in particular
way. that method must be followed, and thG
council has do discretion in the m after.
w bile company accepting the provisions Of
an ordinance might be estopped from assAilug lta
validity. still there may be other ways OF rails
ing the question as to tho validity of such an or.
dinance. and if the question properly be
brought before the courts there 10 very much
doubt whether an ordinance limiting the prices
to be charged for natural gas would be adiudged
to be within the powers of city council to
enact So that if the Council now amends the
ordinance by striking out all that part relating
to charges for the privilege of laying pipes. and
the courts afterwards hold that a city council
has power to limit the price at which natural
gas shall be furnished to citizens then any
company, even though it has come in under
ordinance which ostenshy limits the prices to
be charged would be in the city without paying
anything for the privilege and could not there
after be charged license fee upon the ptpeG
laid or those to be thereafter laid.
The only power given to city councils on the
subject OF supplying natural gas is that granted
by the last Legislature, which provides that they
''shall have power to provide by ordinances
reasonable regulations for the safe supply. dis
tribution and consumption of natural gas within
the respective limits. and require
persons or companies to whom the privilege OF
us,ns the streets :, Is granted for the
pay reasonable license for such franchise and
privilege"
Can it be said that by the words reasonable
regulation for the safe supply, distribution and
consumption" power is given to city council
to fix the rate at which natural gas shall be sold
to citizens2 Is it not obvious that the Legisla-
ture by these words conferred power upon q
city council to regulate the manner Of supply
ing natural gas THAT is. to see to it that a.! tho
work in connection Herewith shall be done in a
safe and proper manner so not to expose cit
liens to unnecessary hazards), but not the pow
er of fixing the rate at which it shall be sold to
private consumers? So, Also az to requiring
companies and others ito pay q reasonable
license for such franchise and privilege" Does
not that mean that the Council shall have power
to charge a reasonable sum for the privilege Of
allowing company to lay its mains and pipes
through the citya Can It be said that allowing
a company to charge only certain sum to con-
sumers equivalent to q license fee for the priv
ileees and franchises granted9 1t. NAV be that
it is not, because, by all such legislation. il tho
use of natural gas is advantageous. it wonld only
be to those who become consumers thereof.
It is admitted that many persons conld NOT DO
supplied for long tine, although they might
be willing to pay the prices fsed in the ordi.
nance. and therefore with due respect it is sub
mitted that SUCH legislation, being for the bene-
fit of certain classes only. is in violation of
Constitution and laws. and for that reason, il
for no other, void.
1t is no answer to the objection that the City
Council has power to e. the price at which
natural gas shall be sold to say that cities in
which natural artificial gas is used have
done so, for 10 can safely be said that. in all
such cases, the prices are fixed high that,
practically. they are unlimited, and for that
reason, possib bly,. the question has never been
passed upon by the courts-at least not by those
of our State, SO far as the writer has been able
to discover.
1t is, therefore, confidently assumed that in
this matter the City Council has no power to
leeslate for the citizens as citizens. All it can
DO ls to see to it that the city city 10 pro-
any company coming into the city with natural
gas to pay a reasonable license fee for the privi
lege of using the streets There is moro than =
that If any company comes in under
any ordinance fixing the prices to be charged,
and finds that it cannot make as much money
As it thinks it ought to make, it will charge
higher prices, and If the city has not reserved
the power of charging q reasonable license fee
for the privileges granted, the city will DO with
out remedy If the courts hold 1t had no power
to fix the rate at which natural gas should be
sold to citizens.
Therefore, let the Council amend the ordi.
nance by striking out all that part relating to
prices to be charged. but be to hold on to
shat relating to the license to be charged for lay
ing pipes through the city. Or, if amended at
al in this regard, make the license fee still
higher than at present.
With coal ard wood competitors of natural
gas, citizens can protect themselves from extor.
ion. and. it seems to me. with due respect, the
n ~
which natural gas ehall be sold to citizens, ar
.ogates unto itself authority that it does not
possess. A city council is popularity supposed
% look after the interests of the city and not
after those of any particular class of citizeua
Therefore. it is hoped our City Council will sec
o it that Indianapolis. as city. derives all tho
if any. there is from the introduction
# natural gas, and far the citizens are con-
erned they and will have to look out for
themselves. o.
OCTOBER Is, 1887.